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Supreme Court of Russia clarified when the claims of a creditor cannot be included in the register of claims

The highest court of Russia considered a case in which the creditor demanded that a claim based on an assignment agreement should be included in the register of creditors’ claims. The opinions of the courts of three instances were turned out to be different, but the economic board put an end to the issue. One of the companies included in the group of affiliates decided to buy the debt of a “drowning” partner from the bank by concluding an assignment agreement. Subsequently, the right to claim...

Supreme Court of Russia resolved the issue with the arrested property of debtor

The highest court considered the case, in which the question about the possibility of excluding the property that was arrested by another court from the bankruptcy estate of debtor was raised. The Economic Board concluded that it was possible and lawful. As part of the insolvency case of the company, one of its creditors applied to the court with a demand to exclude the property seized in his favor by a court of general jurisdiction from the bankruptcy estate. The claim was satisfied by the court...

Constitutional Court of Russia recognized the lawfulness of seizure of documents from the counterparty

... case, has long been the subject of disputes and contradictions between the tax authorities and companies. We are talking about the right of the tax authority to seize documents from the counterparty of the organization that is being audited. In its definition , the Constitutional Court of the Russian Federation clarified the concept of seizure of documents and objects, which makes it possible to understand what is meant by this. First of all, the seizure can be carried out in relation to the documents ...

Supreme Court of Russia put an end to the case with the omission of the procedural time limit

The Economic Board considered a case on the challenging of the court decision, which recognized the multimillion-dollar debt of an insolvent legal entity in favor of a third company, by one of the creditors (tax authority). The court of appeal and the district court refused to consider the complaint due to the fact that a one-month procedural time limit had been missed missed. The disputed debt to the company was formed on the basis of a contract agreement, according to which the bankrupt accepted...

Should Russian State Register consider a complaint of a deceased person against a bankruptcy trustee?

The Supreme Court of Russia considered a case in which an individual applied to the Russian State Register with a complaint against the actions of a bankruptcy trustee. The state agency, in turn, initiated a case in court, demanding that the trustee should be brought to administrative responsibility. However, the courts of three instances rejected the claim, after which the Russian State Register applied to the Supreme Court of Russia. Giving reasons for challenging the judicial acts, the applicant...

Supreme Court of Russia resolved the issue of downgrading the claims of an affiliated creditor

The Economic Board considered the complaint of the debtor and the tax authority against the decisions of the courts of appeal and the district, by which the claims of the creditor affiliated with the debtor were included in the register of creditors’ claims. The applicants considered that the debt should be subordinated, as the judge at first instance considered. The Supreme Court of Russia put an end to the matter with the polarity of positions of the courts. As part of the debtor's insolvency...

Supreme Court of the Russian Federation clarified what cannot be considered compensatory financing

The highest court considered the case, one of the creditors in which filed the claims for inclusion in the register of creditors’ claims. The two first instances supported it, and the district court downgraded the debt in the registry, citing affiliation and, as a result, compensatory funding. The applicant did not agree with this position, which was the reason for the consideration of the case in the Supreme Court of the Russian Federation. The disputed debt was formed as part of the debtor's...

Supreme Court of the Russian Federation specified how to deal with the claims of an affiliated creditor

The Economic Board considered the case on the complaint of a creditor, whose claims were subordinated by the district court. In the first two instances, the claims were included in the register of creditors’ claims without subordination, as the courts found no grounds for it. However, the Supreme Court of the Russian Federation did not agree with any of the colleagues and made a decision to reconsider the case. The essence of the dispute boiled down to the inclusion of debt in the register of...

Should a bankruptcy trustee report the arrest of property during bidding?

The complaint of the failed buyer of the debtor's property was submitted to the Supreme Court of the Russian Federation for consideration. The house and the land plot of the latter were put up for an auction by the bankruptcy trustee, after which the only participant, an individual entrepreneur, responded to the application. However, having paid a deposit, he found out that the property was under arrest in a criminal case and made a decision to abandon the deal, asking to return the paid money...

Supreme Court Of Russia resolved the issue of challenging the settlement agreement in bankruptcy

The case was referred to the highest court on the complaint of a bankruptcy trustee, who was not satisfied with the ruling issued by the district court. By this ruling, the board canceled settlement agreement concluded in the bankruptcy procedure and indicated that it could violate the rights of a third party. The initiator of challenging the deal between the debtor and creditors was an individual who allegedly acquired a land plot from a bankrupt company more than ten years ago. Subsequently,...

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